TRUWORTHS LIMITED ("TRUWORTHS")
ELECTRONIC MAIL LEGAL NOTICE
1. This e-mail legal notice is enforceable and binding on the recipient/addressee, as contemplated/provided for in the Electronic Communications and Transactions Act 25 of 2002. This Act may be downloaded from: http://www.acts.co.za/ect_act/index.htm
2. This e-mail transmission contains confidential information which is the property of TRUWORTHS. No person, other than the intended recipient may access the contents of this message, links or attachments hereto. Unauthorised disclosure and/or use of this message, links or attachments hereto may lead to criminal and/or civil liability.
3. If you are not the intended recipient/s, you are hereby notified that any disclosure, copying, distribution or use of the contents of this e-mail transmission or the taking of any action in reliance hereon or pursuant hereto is strictly prohibited.
4. The e-mail address of the sender may not be used, copied, sold, disclosed or otherwise incorporated into any database or mailing list for spamming and/or other marketing practices, without the prior written consent of the sender and Truworths.
5. Should you have received this e-mail in error, you are required to immediately delete and destroy it and any attachments hereto.
6. Under no circumstances will TRUWORTHS and/or the sender of this e-mail be liable to any party for any loss/damages (whether direct, indirect, special or other consequential) arising out of/pursuant to the use of this email, any hyper linked web site, or otherwise. More specifically, neither Truworths nor the sender shall be liable for (without limitation) any lost profits, business interruption and/or loss of/damage to programs, data and/or information handling systems or otherwise, even if TRUWORTHS and/or the sender of this e-mail have been expressly advised of the possibility of such damages.
7. Any agreement/s to which TRUWORTHS is a party and which are to be/were concluded by means of electronic correspondence shall be deemed to come into effect only once TRUWORTHS has acknowledged such contract formation in writing and which written acknowledgment shall be properly witnessed and signed by an authorized representative of TRUWORTHS.
8. No e-mail correspondence sent to TRUWORTHS shall be deemed to have been received until TRUWORTHS has responded thereto. An auto-reply shall not constitute such a response.
9. No warranties are made or implied as to the authority of an employee or contractor of TRUWORTHS. TRUWORTHS disclaims liability for all/any unauthorized instruction/s and/or communications.
10. TRUWORTHS retains the copyright to/in all e-mail messages and attachments sent from its communication system/s. If you are the intended recipient of an authorised message, you are hereby licensed to open and read the message and/or attachments only – all other rights are reserved by Truworths unless so indicated by the authorised sender.
11. The views and opinions expressed in this e-mail do not necessarily express and/or reflect the views and/or opinions of TRUWORTHS. If this e-mail message was used for purposes unrelated to the business of TRUWORTHS, TRUWORTHS disclaims liability for all/any loss/damage arising out of/pursuant the content of this message and the sender shall be responsible for the content hereof in his/her personal capacity.
12. Subject to the right to seek urgent and interim court relief, all disputes in respect of:
12.1 The enforceability of this e-mail legal notice;
12.2 The interpretation of this e-mail legal notice;
12.3 The content (including message headers, links and/or attachments) of this e-mail message; and/or
12.4 The sending or receipt of this e-mail message
or otherwise shall be referred to urgent and confidential arbitration in terms of the arbitration rules of the Arbitration Foundation of South Africa (“AFSA”) and such arbitration shall be conducted in Cape Town at a venue nominated by Truworths. The arbitration rules may be downloaded from: http://www.arbitration.co.za/downloads/commercial_rules.pdf
13. The law of South Africa shall be applied to determine the disputes referred to above.
14. Information disclosures required by law:
14.1 Full name of company: TRUWORTHS LIMITED
14.2 Registration number: 1940/013923/06
14.3 VAT registration number: 4630103754
14.4 Country of incorporation: SOUTH AFRICA
14.5 Current directors: M S Mark, D N Dare, David Pfaff, Sarah Proudfoot, Sean Furlong.
14.6 Postal address: P O BOX 600, CAPE TOWN, 8001
14.7 Street address: NO. 1 MOSTERT STREET, CAPE TOWN, 8000
14.8 Promotion of Access to Information Act Manual: http://www.truworths.co.za/popup/website-terms-and-conditions
15. This e-mail legal notice shall at all times take precedence over any other e-mail disclaimer (s) received by employees or contractors utilising the communication facilities of TRUWORTHS.
16. Any recipient of an unacceptable communication, a chain letter or any offensive communication/material of any nature is requested to notify the TRUWORTHS e-mail administrator (abuse@Truworths.co.za) immediately in order that appropriate action can be taken against the individual concerned.
TRUWORTHS retains the copyright in this e-mail legal notice.